Kentucky Statutes 224.10-225 – Facilitation of permits for coal-fired electric generation plants, industrial energy facilities, and surface coal mining and reclamation operations
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(1) The secretary of the Energy and Environment Cabinet shall facilitate the permitting of:
(a) Coal-fired electric generation plants or industrial energy facilities in the
Commonwealth; and
(b) Upon request of the applicant, surface coal mining and reclamation operations in the Commonwealth;
by developing procedures for one (1) stop shopping for environmental permits.
(2) Upon request by an applicant for environmental permits for an industrial energy facility or a surface coal mining and reclamation operation, the secretary, in consultation with the applicant, shall establish specific time periods for actions to be taken in the consideration of its permit applications. The time periods established shall not exceed those adopted by administrative regulations promulgated pursuant to KRS § 224.10-220. Notwithstanding KRS § 224.10-420(2), failure by the cabinet to adhere to the time periods established pursuant to this section or established by administrative regulations promulgated pursuant to KRS § 224.10-220 shall constitute the making of a final determination of the cabinet, and the applicant, at its election, may:
(a) Initiate an action for mandamus, declaratory judgment, or other specific relief in the Circuit Court for the county in which the surface coal mining and reclamation operation is located; or
(b) Initiate an administrative hearing under KRS § 224.10-420(2).
(3) As used in this section, “surface coal mining and reclamation operations” has the same meaning as in KRS § 350.010.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 138, sec. 2, effective June 29, 2023. — Amended
2010 Ky. Acts ch. 24, sec. 354, effective July 15, 2010. — Amended 2007 Ky. Acts ch. 73, sec. 2, effective June 26, 2007. — Created 2000 Ky. Acts ch. 321, sec. 10, effective July 14, 2000.
(a) Coal-fired electric generation plants or industrial energy facilities in the
Terms Used In Kentucky Statutes 224.10-225
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
- Industrial energy facility: means a facility that produces transportation fuels, synthetic natural gas, chemicals, or electricity through a gasification process using coal, coal waste, or biomass resources, and costing in excess of seven hundred fifty million dollars ($750,000,000) at the time of construction. See Kentucky Statutes 224.1-010
- Secretary: means the secretary of the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
Commonwealth; and
(b) Upon request of the applicant, surface coal mining and reclamation operations in the Commonwealth;
by developing procedures for one (1) stop shopping for environmental permits.
(2) Upon request by an applicant for environmental permits for an industrial energy facility or a surface coal mining and reclamation operation, the secretary, in consultation with the applicant, shall establish specific time periods for actions to be taken in the consideration of its permit applications. The time periods established shall not exceed those adopted by administrative regulations promulgated pursuant to KRS § 224.10-220. Notwithstanding KRS § 224.10-420(2), failure by the cabinet to adhere to the time periods established pursuant to this section or established by administrative regulations promulgated pursuant to KRS § 224.10-220 shall constitute the making of a final determination of the cabinet, and the applicant, at its election, may:
(a) Initiate an action for mandamus, declaratory judgment, or other specific relief in the Circuit Court for the county in which the surface coal mining and reclamation operation is located; or
(b) Initiate an administrative hearing under KRS § 224.10-420(2).
(3) As used in this section, “surface coal mining and reclamation operations” has the same meaning as in KRS § 350.010.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 138, sec. 2, effective June 29, 2023. — Amended
2010 Ky. Acts ch. 24, sec. 354, effective July 15, 2010. — Amended 2007 Ky. Acts ch. 73, sec. 2, effective June 26, 2007. — Created 2000 Ky. Acts ch. 321, sec. 10, effective July 14, 2000.